Himachal Pradesh High Court
Pradeep Kumar vs State Of H. P. & & Ors on 28 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 7649 of 2022
.
Decided on: 28.12.2022
Pradeep Kumar ...Petitioner
Versus
State of H. P. & & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Sunil Kumar and Mr. Pankaj Sawant,
Advocates.
For the Respondents :Mr. Anup Rattan, A.G. with Mr. Vinod
Thakur, Mr. Shiv Pal Manhans, Addl.
A.Gs., Mr. Bhupinder Thakur, Dy. A.G.
and Mr. Rajat Chauhan, Law Officer.
Tarlok Singh Chauhan, Judge (Oral)
The instant petition has been filed for grant of the following substantive reliefs:-
i) That this Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari thereby quash and set aside the Annexure P-3, dated 26.07.2021 in the interest of justice and fair play.
ii) That this Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus, thereby directing the respondents to release the petitioner on 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 30/12/2022 20:32:23 :::CIS 2 parole for the period of 28 days to meet with family, in the facts and circumstances of the present case.
.
2. The proved case of the petitioner is that after conducting necessary inquiry parole was not recommended by the District Magistrate, Jhajjar vide his letter dated 12.02.2021.
3. Record reveals that the petitioner has already served sentence of more than 6 years and there was no complaint whatsoever regarding his conduct during that period.
4. In the given facts and circumstances, we allow the present writ petition by quashing the order of rejection of parole dated 26.07.2021 (Annexure P-3) and extend the benefit of parole for a period of 28 days to the petitioner on furnishing personal bond in the sum of Rs.1,00,000/-, with two sureties in the sum of Rs. 1,00,000/- each, out of whom one essentially would be a permanent resident of this State, to the satisfaction of the Superintendent Jail, Modern Central Jail, Nahan, District Sirmour, H.P. The petitioner shall surrender before the concerned Superintendent immediately on expiry of 28 days. The Parole shall be liable to be cancelled, in case, the petitioner breaches any of the ::: Downloaded on - 30/12/2022 20:32:23 :::CIS 2 conditions of the Parole order and/or creates law and order problem, which shall be treated as negative factor for .
consideration of his similar prayer, in future.
5. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
(Tarlok Singh Chauhan) Judge (Virender Singh) th 28 December, 2022 Judge (sanjeev) ::: Downloaded on - 30/12/2022 20:32:23 :::CIS